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Neither the Department of Children, Youth, and Families (DCYF), the State of Washington nor any of its employees makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, translation, product or process that is disclosed, displayed or appears on the DCYF website. For purposes of this disclaimer the term “information” includes, but is not limited to, information that is contained within any internet link that is accessible from the DCYF website.

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Community Resources

Public Charge

The State of Washington is aware of the Trump Administration’s changes to the “public charge” test that may impact immigrants’ applications for visas, permanent residency or admission to the U.S. if they receive certain public benefits. The U.S. Supreme Court has allowed the changes to be implemented and the U.S. Citizenship and Immigration Services (USCIS) will implement the new rule on February 24, 2020.

Of utmost importance is that clients potentially affected by the changes are advised to seek independent legal counsel. Our agency is not able to provide legal guidance based on an individual’s specific situation.

Key Facts

The State of Washington’s programs and services remain in place and continue to be accessible to those who are eligible.

The rule will apply to immigration applications postmarked on or after February 24, 2020.

The rule will consider benefits received on or after February 24, 2020. It does not apply retroactively and cannot consider benefits received prior to this date.

It does not count the use of benefits by a person’s family members. The use of benefits by children or other household members would not be counted against an individual applying for permanent residency or admission to the United States.

Public charge does not apply to all immigrants. Every family is different and people should make the right choice for them and their families, based on their specific situation.

It does not impact lawful permanent residents (“green card holders”) applying for U.S. citizenship or naturalization.

It may impact those applying for lawful permanent residency (“green cards”) or admission to the United States — including diversity visa immigrants and applications to renew, change or extend visas in the United States.

Many public benefits are not part of the new rule. Families should feel comfortable continuing to use benefits they are eligible for that are not implicated under the new rule.

The new rule will consider cash assistance programs, long-term medical institutionalization, and some federal healthcare, nutrition, and housing benefits. For a complete list of benefits, see the Frequently Asked Questions.

The new rule will not consider any other federal benefits. That includes WIC, CHIP, school lunches, food banks, shelters, and many more.

Public charge is a term used within immigration law to denote someone who is, or is likely to become, primarily reliant upon government benefits and assistance programs for survival. The test is used in applications for lawful permanent residency (green cards) or admission to the United States – including diversity visa applications and applications to renew, change or extend visas. It is not used in processing applications for U.S. citizenship or naturalization. Depending on the “totality of circumstances” of the individual, a public charge determination could result in a denied immigration application, denied re-entry into the U.S., or deportation from the country.

Individuals and families who have questions or concerns about the impact of using public benefits on their immigration status should contact an immigration attorney. Resources may be available through one of the organizations listed on the Governor’s website.

Additionally, you may contact one of the following organizations for help:

CLEAR Hotline: 1-888-201-1014

Northwest Immigrant Rights Project (NWIRP):

NWIRP Seattle Office: 206-587-4009

NWIRP Yakima Valley (Granger) Office: 509-854-2100

NWIRP Wenatchee Office: 509-570-0054

Center for Children with Special Needs

https://cshcn.org/An information source for families and professionals. Focused on children and youth with special health needs who have physical, developmental, behavioral or emotional conditions.

Department of Health Early Hearing Loss publications

www.doh.wa.govDepartment of Health publications about early hearing loss for families.

Family to Family Health Information Center

Parent to Parent Network

https://arcwa.org/parent-to-parent/The Parent to Parent network provides emotional support and information to families raising children with special health and developmental needs across Washington State.

Washington Hands and Voices

www.wahandsandvoices.orgSupporting families with children who are deaf, deaf-blind or hard of hearing by providing families with resources, networks, and information needed to improve communication and educational outcomes for their children.

Washington Health Benefit Exchange

www.wahbexchange.org/As part of national health care reform, the Washington Health Benefit Exchange created Washington Healthplanfinder, an online marketplace for individuals, families and small businesses in Washington to compare and enroll in quality health insurance plans and access important cost savings.

Washington Partnerships for Action Voices for Empowerment (PAVE)

www.wapave.orgInformation and resources with people whose lives are linked to children and adults with disabilities.